LESSON 3
PREPARATION AND EVALUATION OF MILITARY POLICE INVESTIGATION REPORTS
Critical Tasks: |
191-390-0111 |
OVERVIEW
LESSON DESCRIPTION:
In this lesson you will learn to apply the "elements of a crime" concept to the general punitive articles, prepare MP reports and forms, prepare and evaluate MP investigation reports and gather, report, and record police information.
TERMINAL LEARNING OBJECTIVE:
| ACTION: | Evaluate, report incidents and prepare/distribute MP investigation reports. |
| CONDITION: | You will have this subcourse. |
| STANDARD: | You must earn a score of 70 percent on the final examination. |
| REFERENCES: | The material contained in this lesson was derived for the following publications: AR 380-13, FM 19-20, STP 19-95B1-SM, and STP 19-95B24-SM-TG. |
INTRODUCTION
a. MPIs are not only expected to conduct investigations, they must also submit related reports to the proper authorities. It is very important, then, that the evaluations and conclusions of such investigations be accurate and as complete as possible. Users of these reports base their actions on them. It is essential then that such reports show three facts. (1) The facts gathered must be stated; (2) The offense committed based on the elements of proof must be stated; (3) Evidence that the rights of the accused have been well protected must be present.
b. Users of reports.
(1) Commanders.
(2) Investigating officers.
(3) Courts and boards.
c. Results of reports.
(1) Courts-martial.
(2) Articles 15.
(3) Board actions.
(4) Reports of survey.
d. Evaluation of an investigation. Investigative reports serve as the basis of action for those who use them. The user's evaluation of these reports may or may not be consistent with the reports as given. Such inconsistency may be the result of weak investigation. It could be due to a hasty review of the report by MP supervisors. Or, it might be due to an honest difference in interpretation of facts by the MPI and the user.
e. Conclusions. Conclusions must be supported by evidence or the lack of it. To conclude that an offense was done by a person when the facts do not support such a conclusion reflects badly against the MPI. It also violates public confidence in the Military Police Corps.
PART A - THE ELEMENTS OF A CRIME.
a. The term "elements of a crime" refers to those facts which must be present in all human behavior before it is considered criminal. The criminal act is more than a physical movement or failure to move. It consists of the circumstances at the time, the actual act or omission, and the results.
(1) A crime consists of two basic elements: the physical and the nonphysical.
(2) Most definitions of the term "crime" claim that there must be an act or omission of some kind. This is the physical element. It is the conduct termed the criminal act. Criminal intent is no crime until joined with a voluntary criminal act or omission.
(3) Most definitions of a crime require an act or omission. It is also required that most crimes be committed with some kind of mental element. This is the nonphysical element: the element of intent.
(a) Criminal intent is that state of mind which a particular law says must accompany the act in order for there to be a crime.
(b) To determine the necessary state of mind one must look to the definition of the offense.
(c) The criminal intent element is not always the same with different crimes. Such intent may vary according to provisions of the separate punitive articles. Some articles require only GENERAL criminal intent; some require SPECIFIC criminal intent.
b. General criminal intent is the intention to commit the act. The existence of the intent is presumed from the act. Such presumption is based on the ground that a person is presumed to intend his voluntary acts, and their natural and probable results. Examples of this are found in Article 120 (rape), Article 125 (sodomy), Article 118 (2) (unpremeditated murder), and Article 126 (simple arson).
c. When a crime consists of doing an act with a specific intent, that intent cannot be presumed from the act alone. It must be established and proven as are other elements of the offense. A requirement of specific intent must be clearly indicated by the punitive article. Such a requirement is indicated by the use of phrases as: "for the purpose of" (Article 115, malingering), "with intent to" (Article 129, burglary), "premeditated design" (Article 118 (1) murder), willful (Article 90, disobedience of superior officer), and "knowingly." The element of specific intent is very hard to prove. This is because it involves proof of a state of mind. MPs must remember that seemingly unimportant facts may be essential elements of proof of specific intent.
d. Not all crimes require some form of criminal intent. Examples of punishable offenses which require no criminal intent may be found in the offense of carnal knowledge (Article 120). This article punishes all cases of sexual intercourse with females under 16 years of age. Consent on the part of the female is immaterial. Also, traffic violations are punishable without any element of criminal intent.
PART B - USE OF THE MANUAL FOR COURTS-MARTIAL.
a. The Manual for Courts-Martial (MCM) cannot be effectively used unless one has a basic knowledge of it. The manual holds the complete Uniform Code of Military Justice (UCMJ). The rest of the manual contains discussion of the provisions of the Code. This discussion is a Presidential declaration, not a Congressional enactment. It has the force of law unless there is a direct conflict between the Manual and the UCMJ, Constitution, or Federal laws. If there is a conflict between a provision of the Code and a manual statement, the provision of the UCMJ prevails. The Manual's description of the UCMJ is most valuable. In some cases, however, statements in the Manual have been made obsolete by decisions later handed down by the Court of Military Appeals.
b. The punitive articles. Articles 77 through 134 of the Uniform Code contain the punitive articles. These specify the persons who will be considered parties to crime. These articles also list those acts committed by military personnel which will be punished under the Code.
(1) Military-type offenses. The military-type offenses are those which have always been punished by military authorities. This is due to the offenses being prejudicial or destructive to good order and discipline. Both are necessary to preserve the military.
(2) Civil-type offenses. Under the UCMJ, the Armed Forces takes punitive jurisdiction over certain military personnel. Included are those who commit criminal offenses which have always been punished by civilian authorities. These offenses are made punishable by Article 118 through Article 131. As enacted in the UCMJ, these provisions represent little or no change in the common-law provisions of these crimes as found in civilian jurisdictions. The result of this enactment is: the Armed Forces may not exercise court-martial jurisdiction over persons subject to the UCMJ who commit civil-type offenses.
c. The general articles. These offenses are classed separately. This is because they can pertain to either military-type or civil-type offenses.
(1) Conduct Unbecoming an Officer and a Gentleman--Article 133.
(a) This governs the conduct of commissioned officers, cadets, and midshipmen.
(b) An officer can violate this provision by conduct in EITHER his official or private capacity. The conduct must be found, however, to be unbecoming BOTH to an officer and a gentleman.
(c) One example of violation of Article 133 is knowingly making a false official statement. Another example is being grossly drunk and pointedly disorderly in public.
(2) The General Article--Article 134. This article makes punishable all disorders and neglects to the prejudice of good order and discipline in the Armed Forces. Included is all conduct that brings discredit upon the Armed Forces. Crimes and offenses not capital are punishable also. Capital crimes and offenses are those deemed so by Congress or under the authority of Congress. These classes cannot be considered rigid. Many offenses will fit equally well under at least two classes. Reported cases seldom make a distinction as to which.
(a) Disorders and Neglects. Conduct falling within this class occurs in the service community. It does not occur in the eye of the general public. Examples of this are impersonating an officer, and drunkenness during off-duty hours. Another case is making oneself unfit for duty by heavy use of intoxicants or drugs.
(b) Discreditable Conduct. Conduct in this class would harm the reputation of the Armed Forces. It causes injury by offending the sensibilities of the average person. Such conduct normally involves a moral deviation without regard to the effect on public opinion. No actual injury to public reputation is required. Examples of this are aggravated cases of failure to pay disputed debts, bigamy, and adultery.
(c) Crimes and Offenses Not Capital. This includes those acts or omissions not made punishable by another article. These are those acts denounced as offenses either by enactments of Congress or under authority of Congress (Assimilative Crimes Act). They are triable in the Federal civil courts.
(d) Lesser-Included Offenses--Articles 79. A lesser-included offense is a crime less serious than the offense charged. For example, robbery by force and violence INCLUDES the lesser offenses of both larceny and assault. It is then possible that a court-martial may find an accused NOT GUILTY of robbery, but they may find him GUILTY of the lesser-included offenses of larceny and assault. A lesser-included offense is NOT contained within the offense charged, if the former requires elements of proof not needed to prove the offense charged.
a. MPI units are mostly fact-reporting agencies. They are charged with the responsibility to investigate offenses. They must then report the results to the appropriate authorities. Reports rendered by MPIs are of interest to commanders at all levels. This is because the reports keep them informed of the discipline within their commands.
b. Persons responsible for the preparation and review of MP reports must remember the following basic facts:
(1) The report is an item of military correspondence. As such, it must be grammatically correct and completed in the proper format.
(2) The report should state the facts and evidence obtained during the investigation.
PART D - MILITARY POLICE REPORT (DA FORM 3975), GENERAL.
a. The MP report is the basic form used to record information about complainants. Also, the form is used to record incidents seen by or reported by the MPs. It also notes the action taken by the MPs. The form also serves to inform the commander concerned of incidents involving personnel of his command.
b. The purpose of the report is to provide:
(1) An MP record of information or complaints and the case or report developing therefrom.
(2) Statistical data for analysis and review.
(3) Information for unit commanders and civilian supervisors.
c. When prepared:
(1) The MP report is prepared on all complaints received. It includes incidents seen or reported to the MP. Exceptions are routine traffic violations and those minor violations where corrective action is only a verbal warning. This form is prepared in every case where an apprehension is made. It is used, also, when a military person is restored to US Army control by another apprehending agency.
(2) The report is normally begun by the MP desk sergeant. He does so upon receipt of information indicating that police action is required. The form should be completed to the fullest extent possible when information is first received. This assures that complaints are recorded and assigned for follow-up. It assures also that complaints are disposed of or referred and posted to the desk blotter.
(3) The report may also be begun and finished by MP taking action without referral from the desk sergeant. An example would be apprehending the perpetrator of an on-view offense.
(4) This report will be used to record the results of investigations conducted by MPI.
d. Reporting formats. The DA Form 3975 is prepared in two different ways. The method used depends on the actions required.
(1) It may be prepared as an INITIAL REPORT of police action when completed by the desk sergeant or an MP.
(2) It may be prepared as a REPORT TO BE FORWARDED to unit commanders for their information and/or action.
e. Disposition of initial reports. Only a single copy of the initial report is completed. This copy serves as the basis for later, more detailed copies if more investigation is needed.
f. Disposition of military police reports forwarded to commanders.
(1) The following "Special Categories" of complaints require a report of commanders' actions taken. (Commanders must report action taken against offenders on DA Form 4833. They must do so when the below-listed offenses are committed by any military personnel. This offense is investigated and reported by CID on DA Form 2800, CID Report of Investigation.) The following offenses are normally investigated by MPI:
(a) All violations of Articles 111 through 133 of the UCMJ.
(b) All violations of Articles 77 through 110 and 134 of the UCMJ for which the maximum punishment is six months or more confinement. This is prescribed by the Table of Maximum Punishments, MCM, US, 1984.
(c) All offenses, except minor traffic violations, reported by civil authorities.
(2) When one of the above offenses is charged, the MP report will be prepared in an original and two copies. Disposition will be as follows:
(a) The original copy will be sent on to the Criminal Records Center, US Army Criminal Investigation Command (USACIDC), 2301 Chesapeake Avenue, Baltimore, MD 21222. Along with it will be a completed DA Form 2804 (Criminal Data Reference Card) for each military subject. The DA Form 2804 will be completed IAW FM 19-10 and current directives.
(b) The first copy will be filed with the INITIAL MP report about the complaint.
(c) The second copy will be accompanied by an original and two copies of DA Form 4833 for each military subject. These will be sent to the unit commander for a report of action.
PART E - INSTRUCTIONS FOR COMPLETING DA FORM 3975 AS USED BY MPI.
a. The MP Report (DA Form 3975) is the basic form used by the MPI to report the results of the investigation. It is an official written record of all pertinent information and facts obtained during the investigation. Normally, the DA Form 3975 does not provide enough space to write all the information obtained. In such cases, the reverse side of the form is used, and/or continuation pages.
b. The INITIAL DA Form 3975 is used as a working copy by the investigator. It is the means by which he is notified of an offense that needs his attention. Since the initial complaint is usually received by the desk sergeant, he will assign the REPORT NUMBER to the case. This number will be used by the MPI on all copies of the reports. If the MPI receives the initial complaint, he must get the report number from the desk sergeant.
c. A FINAL report is a completed investigation. It is sent on to the concerned commander for whatever action needed. A final report must be written with correct grammar, spelling, and authorized abbreviations. It must have no obscene material unless such is relevant to the case. Local policy will govern the procedure used for sending on reports having obscene material.
1. MILITARY POLICE REPORT NUMBER.
a. The MP report number has three digital groups of information. Each group is separated by a hyphen, e.g., 00000-00-00000. These groups will appear in the following order:
(1) Sequence number. This is the sequence number of the report for the current calendar year. It will be a five-digit numeric indicator. For example, 00213 indicate that this is the 213th report PREPARED by the reporting MP unit during the current CALENDAR YEAR.
(2) Year suffix. The last two digits of the current calendar year will follow the hyphen. For example, 00213-XX means that this is the 213th report prepared by the reporting MP unit during calendar year 19XX.
b. Before forwarding the report, place a hyphen after the year suffix. Follow this by the number of the report for this year. For example, 00213-XX-00106 indicates that this is the 213th report PREPARED during 19XX, and the 106th report FORWARDED to a commander.
2. DATE.
a. Initial report. The date the report is ACTUALLY PREPARED will be shown in a six-digit, year-month-day format. This is no hyphen. For example, the date-group XX0801 shows that the report was done on 01 Aug 19XX.
b. The final report should show the date the REPORT TO BE FORWARDED is prepared. It may or may not be the same as the report date on the initial report. Like the initial report, it will be shown in a six-digit, year-month-day format without hyphen.
3. USACRC CONTROL NUMBER.
This block will be completed ONLY on those cases being sent on to the Criminal Records Center (CRC), USACIDC. This entry will consist of three groups of digital information. Each group will be separated by hyphens, e.g., 00-MPCO00-00000:
a. Year suffix. The last two digits of the current calendar year will be used; e.g., XX-MPC000-00000.
b. MP unit number. The second grouping is an alphanumeric code starting with the letters MPC. These are followed by a three-digit MP unit number assigned to each unit by the Department of the Army through AR 190-45, Appendix B; e.g., XX-MPC056-00000.
c. Case number. The third digital grouping will be a case number assigned to the preparing MP unit. This number is assigned by each major command, e.g., 860-MPC056-4618C. The example shows the report to be a 1986 MP case. It was prepared by the Provost Marshal, Fort Carson, Colorado, number 4618C.
d. This block is completed by the administrative section of the provost marshal's office for the final report.
4. THRU/TO/FROM.
These blocks are completed by the administrative section of the provost marshal's office for the final report.
5. REPORT TYPE/STATUS.
a. Initial report. When completed by the desk sergeant or an MP, only the Information, Commander's Action (DA Form 4833), Supplemental, or Complaint blocks will be checked. This will depend on the nature of the incident requiring police action.
b. Forwarded to commander. Check ALL pertinent boxes in this item. Review Part D paragraph f for the types of reports requiring commander's action. The "Commander's Action" block will be checked on the provost marshal's file copy upon receipt of completed DA Form 4833.
6. EVALUATION.
7. COMPLAINT/OFFENSE/INCIDENT.
The type complaint/offense will be written to the fullest extent possible in the language used in the MCM. It will include the appropriate number of the article under which a charge is made. One example would be Resisting Apprehension, Article 95, UCMJ. If a military offender is charged by civil authorities with violation of a civil code, the equivalent MCM offense will be listed first. It will be followed by the offense(s) charged by civil authorities in parentheses. For example: Resisting Apprehension, Article 95, UCMJ (Civil Charge-Resisting Arrest). When a civil charge has no MCM equivalent, the terms used by civil authorities will be specified. When the offense involves the violation of a certain regulation or directive, the listing will be explicit. It will include both a word description and a citation of the directive violated. When more than one offense is charged, each will be listed and numbered.
8. LOCATION.
Indicate if the site of the incident was on or off post. Do so by checking the appropriate box. Give the precise location of the occurrence. The location must be described with such detail as to distinguish that place from all others. An address, including building number, street name, post (or city), state, and zip code is adequate. However, at times other descriptions may better identify the location. For example, the names of intersecting streets or grid coordinates may be best.
9. TIME OF OFFENSE/DATE OF OFFENSE/OFFENSE CODES.
a. Time of offense. The time of the offense will be written in military time. For example: 0031 or 1455. If an exact time is not known, a time range will be noted; i.e., 0100-0200.
b. Date of offense. The same six-digit, year-month-day format used for the report date is used to show the date of offense.
c. Offense codes. The offense code will be entered on each report sent to CRC. This block describes as well as possible the complaint listed in Block 3. An alphanumeric code is used. These codes are listed in Appendix C of AR 190-45.
10. COMPLAINANT RECEIVED BY/TIME RECEIVED/DATE RECEIVED.
In block 8 you will enter the rank, last name, first name, and middle initial of the individual receiving the report. If the individual has no middle initial, use "NMI." In block 9 you will enter the time the complaint was received using the military 24-hour system. In block 10 enter the date the complaint was received using six-digits, year-month-day (YYMMDD) format.
11. MP ACTION REFERRED TO/DATE REFERRED.
Check the box(es) showing the agency to which the complaint was referred. If "Other" is checked, state precisely the agency to which referred. An example might be the FBI or a particular municipal police agency. Use the six-digit year-month-day format.
12. NAME OF SUBJECT.
In item 12, state the subject's last name, first name, and middle name, in that order, when known. If there are multiple subjects, you will enter "See Attached" in block 12 and complete information on each subject will be included on plain bond paper as a continuation of item 12.
| Item 12a: | State subject's military rank or the notation "CIV" for civilians. For military dependents, the notation will be "CIV/DEP." |
| Item 12b: | State organization of military members and Government employed civilians. Include home addresses of other civilians and of military dependents. Zip code and telephone number will also be stated. |
| Item 12c: | Indicate social security number/service number. |
| Item 12d: | City and state. State abbreviation, if known. |
| Item 12e: | Six-digit year-month-day format without hyphen. |
| Item 12f: | Refer to code at bottom of form "(1) category" for subject's category. |
| Item 12g thru n: | Self-explanatory. Height will be shown in feet and inches. |
| Item 12o: | Refer to code at bottom of form "(2) category" for subject's category. |
13. INVOLVEMENT/DRESS/COOPERATIVE/IDENTIFYING MARKS.
a. Involvement. Alcohol involvement may be checked if based on police observations or statements of witnesses. It also may be checked if based on chemical analysis or breatholyzer tests. Drug involvement may be checked ONLY if based on medical or chemical analysis. SUSPECTED drug involvement will NOT be noted in the block. It must be described in Item 18. If a medical or other condition is the apparent cause of odd behavior by the subject, check "Other" block. Then specify observed behavior. If ALL blocks in Item 11 do not apply to the incident requiring police action, the notation "NA" will be used.
b. Dress. Enter "X" in the appropriate box.
c. Cooperative. Enter "X" in the appropriate box.
d. Identifying marks. Identifying characteristics will be noted. This might include the wearing of glasses or the bearing of scars, marks, and tattoos. Location and description of such marks must be given. If none, so state.
14. PERSONS RELATED TO REPORT.
All persons, EXCEPT SUBJECTS, greatly related to the offense or incident will be listed in this block. This includes the MP handling the incident. Last name, first name, and middle initial will be given in that order. For items 17c and 17d, the same instructions apply as are discussed in paragraph 18 of this lesson. The codes for columns 17e and 17f are found at the bottom of the form.
15. PROPERTY DATA.
SEE ATTACHED will be-entered in this block and the information will be entered in your final report.
16. DISPOSITION OF OFFENDER/EVIDENCE.
SEE ATTACHED will be entered in block a and b and the information will be entered in your final report.
17. ENCLOSURES/DISTRIBUTION.
a. Enclosures.
(1) SEE ATTACHED will be entered in this block.
(2) FORWARDED TO COMMANDER. List only those enclosures which support the statement of facts AND which are being sent on to the commander concerned.
b. Distribution. FORWARDED TO COMMANDER: Specify the number of copies sent and where sent. For example:
1 -Unit Cdr
1 -CRD, USACIDC
1 -File
18. SIGNATURE AND TITLE BLOCK. Leave these blocks blank. The administrative section of the provost marshal's office will be complete them.
Figure 3-1 is an example of a completed DA Form 3975.
FOR TRAINING PURPOSES ONLY
Figure 3-1. DA Form 3975.
Military Police Report, Front.
19. REPORT OF INVESTIGATION FORMAT. INVESTIGATIVE REPORT WRITING:
SYNOPSIS: (This section is a concise summation of the results of the investigation and answers the questions, who, what, when, where, how, and why, if known; it establishes the basic elements of proof for the offense; includes the dollar value of the loss or recovery in appropriate cases.)
BACKGROUND: (This section presents a factual account of the basis for the investigation.)
NARRATIVE: (This section presents details of investigative findings with emphasis on offenses, rather than steps taken in developing the investigation.)
1. Presented in continuously numbered paragraphs under descriptive headings following a logical form to ensure reader comprehension.
NOTE: Do not use separate pages to report individual investigative steps or procedures.
2. Exhibits, such as sworn statements, photographs, subpoenas, copies of correspondence, records and other documentary material that are attached to the ROI, and nonattached items of evidence retained in evidence repositories are identified by number when referred to in the Narrative and are listed in sequentially in the EXHIBITS section of the ROI.
LAW ENFORCEMENT RECORDS: (This section includes the results of file checks of local law enforcement agency checks; i.e., NCIC/AFLETS as appropriate).
EXHIBITS: (This section lists sequentially and numerically each item of evidence, documentation as referred to the Narrative section. See NARRATIVE, para (2).
INVESTIGATIVE STATUS: (Identifies the status of the investigation at the time of writing of the report; i.e., "Closed," "pending," "Referred.")
EXAMPLE OF A FINAL REPORT
FILE NO: 00130-XX-MPC063
Subject 1. CAPONE, Alphonso Paul, (a) E-5; (b) 512th Supply Co., Ft McClellan, AL 36205, 848-5583; (c) 418-77-1234; (d) Springfield, IL; (e) 17 Apr 55; (f) A; (g) Brown; (h) Blue; (i) 175; (j) 6'1"; (k) 31; (1) No; (m) Male; (n) Light; (o) Cau; 13. None; 14. Civ; 15. Yes; 16. None.
Subject 2. BARROW, Clyde Edward, (a) E-3; (b) 512th Supply Co., Ft McClellan, AL 36205, 848-5583; (c) 145-87-3456; (d) Dallas, TX; (e) 12 Feb 60; (f) A; (g) Black; (h) Brown; (i) 163; (j) 5'10"; (k) 26; (1) No; (m) Male; (n) Medium; (o) Cau; 13. None; 14. Civ; 15. Yes; 16. None.
SYNOPSIS: Investigation revealed that at 0120, 1 Oct XX, in the day room of Bldg 2813, Ft McClellan, AL (FMA), CAPONE and BARROW stole JONES' wallet containing $500.00 in U.S. currency and miscellaneous papers by removing them from JONES' back pants pocket while JONES was asleep.
BACKGROUND: At 0145, 1 Oct XX, POE notified TRACY that he observed CAPONE and BARROW steal JONES' wallet while JONES was asleep in the dayroom of Bldg 2813, FMA.
NARRATIVE:
1. Interview of Witnesses:
1.1 AT 0145, 1 Oct XX, POE was interviewed by TRACY. POE related that as he was about to enter the dayroom, he observed CAPONE and BARROW remove JONES' wallet from the back left pocket of his trousers while JONES was asleep on the couch. A sworn written statement (EX 1) was obtained.
2. Interview of Victim:
2.1 AT 0230, 1 Oct XX, JONES was interviewed by TRACY. JONES related that he had fallen asleep in the dayroom about 0100, 1 Oct XX and was awakened by POE at 0125, 1 Oct XX. At that time JONES discovered that his wallet containing $500.00 in currency and various credit cards and papers had been stolen. A sworn written statement (EX 2) was obtained.
3. Crime Scene Examination:
3.1 At 0330, 1 Oct XX, TRACY examined the dayroom of Bldg 2813 and the area surrounding the dayroom which resulted in locating JONES' wallet (EX 7) in a trash can just outside of the main entrance of the dayroom. Missing from the wallet was $500.00 in currency and JONES' American Express credit card.
3.2 At 0300, 1 Oct XX, TRACY made contact with 1SG SMITH who provided TRACY with the room numbers of BARROW (RM 18) and CAPONE (RM 12). Both rooms are in Bldg 2813.
4. Coordination with SJA:
4.1 AT 0420, 1 Oct XX, TRACY contacted CPT MASON to verify the probable cause for search warrants for the rooms of BARROW and CAPONE.
5. Authorization to Search:
5.1 AT 0500, 1 Oct XX, COL CUSTER authorized search warrants for rooms 12 (EX 3) and 18 (EX 4), Bldg 2813.
6. Search and Seizure:
6.1 AT 0530, 1 Oct XX, TRACY and JOHNSON conducted a search of room 12 in the presence of CAPONE pursuant to the search authorization. JONES' American Express card (EX 8) and $500.00 in U.S. currency (EX 9) were seized from CAPONE's top right dresser drawer.
7. Apprehension Details:
7.1 AT 0540, 1 Oct XX, TRACY apprehended CAPONE for Larceny of Private Property.
7.2 At 0600, 1 Oct XX, TRACY arrived at room 18 and apprehended BARROW for Larceny of Private Property.
8. Interview of Subject(s):
8.1 AT 0645, 1 Oct XX, CAPONE was interviewed by TRACY. CAPONE waived his rights and provided a sworn written statement (EX 5). CAPONE stated that he and BARROW took JONES' wallet while he was asleep in the dayroom, throwing the wallet away and keeping $500.00 and an American Express card.
8.2 AT 0730, 1 Oct XX, BARROW was interviewed by TRACY. BARROW waived his rights and provided a sworn written statement (EX 6) admitting that he assisted CAPONE in the larceny.
9. Disposition of Subject(s):
9.1 AT 0900, 1 Oct XX, CAPONE and BARROW were released to their unit (1SG SMITH).
10. Other Investigative Aspects:
10.1 Due to the stolen items being located during the search of CAPONE's room, a search was not conducted of room 18 (BARROW'S room).
LAW ENFORCEMENT RECORDS CHECK: A criminal records check through NCIC/AFLETS concerning CAPONE and BARROW met with negative results.
EXHIBITS:
A. ATTACHED:
1. Statement of POE, dated 1 Oct XX.
2. Statement of JONES, dated 1 Oct XX.
3. Search Authorization, Room 12, Bldg 2813, dated 1 Oct XX.
4. Search Authorization, Room 18, Bldg 2813, dated 1 Oct XX.
5. Rights Waiver/Statement of CAPONE, dated 1 Oct XX.
6. Rights Waiver/Statement of BARROW, dated 1 Oct XX.
B. NOT ATTACHED:
Retained in the evidence repository of this office.
7. One brown leather wallet.
8. One American Express credit card.
9. $500.00 in American currency (4) one hundred dollar bills and (5) twenty dollar bills.
Originals of exhibits 1 through 6 are maintained in the files of this office.
INVESTIGATIVE STATUS:
This is a final report. Commander's report of action pending.
